Research On The Rules Of Evidence In Civil Cases Of Domestic Violence

Domestic violence is a serious violation of human rights and an important cause of divorce cases.Domestic violence seriously affects the stability and harmony of the family.In order to prevent domestic violence,build an equal family status,and maintain the harmony of family relationships,legal regulation of domestic violence has become a common practice in countries around the world.In our country,because of the long-term imprisonment of traditional ideas and ethics,victims of domestic violence usually choose to silently endure violence.People are also accustomed to positioning domestic violence as “family affairs” and “private matters”.Based on the consideration of not excessively interfering with the private affairs of citizens,and the privacy and concealment of domestic violence,the intervention of public power in domestic violence cases and the protection of victims are obviously lagging behind,often when domestic violence becomes a criminal case.Criminal accountability of the victim of the original domestic violence of the perpetrator or “violent violence”.In fact,the family is the cell of the society.The relationship between the family and the relationship is related to the harmony and stability of the whole society and the long-term stability.The generation and spread of domestic violence can not be harmful to the family and society.Domestic violence not only seriously infringes the victim.The personal rights and interests of the people also seriously affect the stability of family relations and lay a huge hidden danger for social harmony and stability.On December 27,2015,China passed the Law of the People's Republic of China on Anti-Domestic Violence.The adoption of the Law highlights the importance the state attaches to building a harmonious,civilized family life and the new normal of socialist civilization.However,in judicial practice,the ratio of “domestic violence” in civil cases is very low,which affects the social effect of anti-domestic violence to a certain extent;and the evidence problem is the difficulty in the identification of domestic violence.Difficulties,victims of domestic violence have difficulty in proving evidence,outstanding evidence collection,high standards of proof,and heavy burden of proof all reflect that the legitimate rights and interests of victims of such cases are difficult to be effectively protected.Domestic violence cases are unique,and our country lacks evidence rules that are appropriate to them.In the course of trials,it is often difficult for judges to identify domestic violence and it is difficult for the victims to obtain judicial decisions.stand by.Therefore,the difficulty of proof and the difficulty of certification are the most directand crucial issues facing China's anti-domestic violence.How to change the status quo of evidence and certification difficulties,it is very important to study and improve the evidence rules that can reflect the domestic violence.This article is discussed in four parts:Part 1 Overview of the evidence rules for civil cases in domestic violence.The author firstly defines the definition of domestic violence in foreign countries and China,and analyzes the types of domestic violence and four legal characteristics,and draws the concept of evidence rules for civil cases in domestic violence.Secondly,it analyzes the legislative status of the evidence rules of civil violence in domestic violence,and puts forward that the provisions of the evidence rules for civil cases in domestic violence are not perfect,which leads to the difficulty of identifying domestic violence in judicial practice,and analyzes the relevant evidence.Part 2: Judicial Status of Civil Cases of Domestic Violence in China.Through investigation and investigation of the trial of the civil violence case of domestic violence during the Liuzhou Family Juvenile Case Trial Center from June 2016 to August 2018(including the number of cases of domestic violence cases,the type of evidence provided by the parties,for identifying or not identifying the family The specific case evidence of the violent case,as well as the case review of the applicant's safety protection order case,etc.,analyze the specific reasons for the low rate of identification of domestic violence in judicial practice,including the difficulty of the victim's evidence collection and the lack of evidence provided by the victim.Most of them are circumstantial evidence and lack of certification rules for civil cases of domestic violence.At the same time,it introduces some practices of the Home and the Center to alleviate the above difficulties in practice.Part 3 Extraterritorial investigation of the rules of evidence for domestic violence.By examining the relevant legal provisions and specific practices of the United States,the United Kingdom,and Norway,we draw the rules and practices for improving the relevant evidence rules that can be used for reference in China,including the following three aspects:Strengthening the evidence of police handling of domestic violence cases The role of collection,the ability to improve the collection of evidence by vulnerable groups,the establishment of a professional trial agency or trial team.Part 4 Improvement of the evidence rules for civil cases in domestic violence.In view of the problems in judicial practice,the author proposes that the investigation of the judges' powers,including entrusting lawyers and family investigators,should be conducted to investigate the relevant facts of domestic violence,and the public security organs and grassroots organizations should be included in the subject of evidence collection.The problem of victims of domesticviolence is difficult to obtain evidence.At the same time,the standard of reasonable increase in the type of evidence,the conditional redistribution of the burden of proof,and the standard of proof of civil cases of domestic violence are the standard of proof of “predominance of superiority” and the proof of introduction of factual presumption.To alleviate the problem of low recognition rate of domestic violence.